Seòmar agus comataidhean

The Scottish Environment Protection Agency (SEPA) withdrew its objection to the planning application for the development of the Horse Field site at Aviemore on 12 December 2007. SEPA was able to withdraw its objection after it had completed its review of the Flood Risk Assessment, received from the developer on 10 December, and satisfied itself about the potential impact of the development on adjacent properties. The National Park Planning Committee met on 14 December 2007.

No.

In requesting information from the Chief Planner, the First Minister was acting in his ministerial capacity.

The First Minister discussed the Aviemore planning applications with me on 7 December 2007, at approximately 12.40 hours. The Principal Private Secretary to the First Minister was present during this conversation. The discussion centred on the representations submitted by cross-party Parliamentarians expressing concern over the Aviemore applications which suggested that Scottish Government agencies might be responsible for delaying matters. I told the First Minister that, as minister responsible for the Scottish Environment Protection Agency (SEPA), and in the light of representations made to me on the previous evening by Rhoda Grant MSP, Mary Scanlon MSP, John Farquhar Munro MSP and Fergus Ewing MSP, I had already checked with SEPA that morning in order to ascertain if there were any misunderstandings or matters of process that were unnecessarily holding up the Agency''s proper consideration of the applications and that I was awaiting an update on those issues from the Chief Executive of SEPA. When he provided that at approximately 13.30 that day I then spoke to the First Minister again to inform him of my conclusions.

The First Minister met Mr Donald Macdonald in Aviemore on 26 October 2007. Mr Macdonald welcomed Mr Salmond to the SNP Conference at the entrance to the conference. The meeting lasted a few seconds, was fully within public view and was filmed for television.

The Cabinet Secretary for Health and Wellbeing met Mr Macdonald in St Andrew''s House in Edinburgh on 7 August 2007 to discuss Health Service related issues.

The Cabinet Secretary for Finance and Sustainable Growth had a brief informal conversation with Mr Macdonald during the SNP National Conference in Aviemore on 26 October 2007 during which Mr Macdonald mentioned that he had been involved in a meeting, earlier that day, with the local MSP and others in relation to the development proposals for the Aviemore resort.

The Minister for Enterprise, Energy and Tourism met Mr Macdonald in Edinburgh on 30 August 2007 to discuss the Government''s economic strategy and the tourism goal for 2015, and along, with the constituency MSP, at the SNP National Conference in Aviemore on 26 October 2007 to get an update on the Aviemore development from Macdonald Hotels, the local Chamber of Commerce, Highlands and Islands Enterprise, Highland Council and the Cairngorms National Park Authority.

The Minister for Europe, External Affairs and Culture met Mr Macdonald, in his capacity as Chair of the Scottish Chamber Orchestra, at Victoria Quay, Edinburgh on 26 July 2007; in central Edinburgh on 2 September 2007, and at the City Halls, Glasgow on 5 October 2007.

The Minister for Community Safety, acting in his capacity as constituency MSP, met or had conversations with Mr Macdonald on a number of occasions since May 2007.

Within the scope of relevant legislation and in appropriate circumstances, Scottish ministers have the ability to require a body to take a particular action or pursue a particular area of work. This ability is part of the long established framework of governance and accountability to which non-departmental public bodies operate.

The Scottish ministers have powers under various pieces of legislation to issue directions to the Scottish Environment Protection Agency in relation to the exercise of its functions. These powers are used regularly and cover a range of matters falling within SEPA''s remit. No direction has been issued concerning the exercise of SEPA''s functions relating specifically to planning matters.

Special advisers contacted the communications officer for Mr Macdonald''s company on 27 January 2008 as a courtesy to make him aware of a statement made in response to newspaper articles.

The Chief Planner considered that a call in would not have been appropriate.

Neither the Chief Planner nor any Scottish Government official has met Mr Donald Macdonald or his representatives to discuss the proposed development in Aviemore.